Manual override and the politics of exception in light of Giuliano da Empoli's concepts

• • 🇵🇱 Polski

The text analyzes the 'manual override' mechanism—a strategy of bypassing procedures for the sake of efficiency that has become a hallmark of modern 'Borgian' leaders. The author posits that while every state needs tools for crisis management, danger arises when the exception ceases to be an instrument for protecting the legal order and becomes a routine governing technique. Utilizing the tension between Weberian bureaucracy and Schmittian concepts of sovereignty, the article illustrates the process of the rule of law's erosion: from legal emergency mode, through precedent, to systemic arbitrariness. The central argument is that procedures are not merely bureaucratic 'friction,' but essential epistemic filters protecting against catastrophic error and the appropriation of power. Ultimately, the text warns that government legitimacy based solely on rapid results (output legitimacy) leads to a constitutional mutation in which law becomes a facade for the uncontrolled will of an individual.

Manual override and the politics of exception in light of Giuliano da Empoli's concepts

Introduction

This text analyzes the phenomenon of manual override—a strategy of bypassing standard procedures in the name of speed and efficiency. This is a defining characteristic of modern leaders described as Borgians. Readers will discover why the pursuit of immediate results can lead to the erosion of the rule of law. The article explains the difference between necessary crisis management and systemic arbitrary power.

Manual Override: From Procedure to Arbitrariness

Manual override occurs when a center of power suspends institutional mechanisms, deeming them too slow. Unlike legal emergency procedures, which are enshrined in law and time-limited, this mechanism treats procedures as unnecessary friction. An example is the approach of the Borgian, for whom the legitimacy of an action is not found in the letter of the law, but in the visible success of the venture itself. When procedure becomes an obstacle to achieving a goal, it is replaced by direct intervention and the forced production of results.

The Difference Between Constitutional and Sovereign Exceptions

It is crucial to distinguish between a constitutional exception and a sovereign exception. The former exists within the system of norms; it may shift the distribution of competencies, but it still requires a legal basis and judicial oversight. The latter, based on Carl Schmitt's concept, assumes that the sovereign stands above the law and unilaterally decides upon the state of emergency. Arbitrariness emerges when a decision is completely detached from verifiable criteria. While permissible flexibility (discretion) allows for a choice between several legal solutions, arbitrariness destroys the predictability of the state.

Procedures as Barriers Against Catastrophic Error

Bypassing procedures in the name of efficiency is risky because it removes so-called information filters. Procedures act like layers of Swiss cheese—each layer reduces the probability of a critical error. Abandoning them in favor of rapid decision-making increases the variance of outcomes. The system becomes dependent on the quality of information reaching the center, which, in autocracies, is often distorted by the fear of subordinates. In this way, manual override can lead to situations where the state moves very quickly, but in a completely wrong direction.

Summary

The greatest threat is the process by which the exception becomes the routine. Through the ratchet effect, temporary emergency powers often become entrenched in the system, leading to constitutional mutation. In a world of digital acceleration, we must ask ourselves: are we willing to accept the slowness of procedures as the price of freedom? Handing over the administrator password to the state in the name of efficiency may be irreversible.

📚 Based on

The Hour of the Predator

👤 About the book's author

Giuliano da Empoli

Sciences Po Paris

Giuliano da Empoli (born August 27, 1973) is an Italian and Swiss writer, political essayist, and political scientist. He teaches at the Paris Institute of Political Studies (Sciences Po) and is the founding chairman of Volta, an independent think tank based in Milan focusing on European affairs. Da Empoli served as a senior advisor to former Italian Prime Minister Matteo Renzi and held the post of Deputy Mayor for Culture in Florence. As an author and geopolitical commentator, his work examines data-driven populism, modern political storytelling, and propaganda. His critically acclaimed political novel The Wizard of the Kremlin (Le Mage du Kremlin, 2022) became an international bestseller and won the Grand Prix du roman de l'Académie française while being shortlisted for the Prix Goncourt. His prominent non-fiction work The Engineers of Chaos (Les ingénieurs du chaos, 2019) mapped the strategies of populist political tacticians.

Mind map: Manual Override and the Policy of Exception

📖 Glossary

Manual override
Sytuacja, w której ośrodek władzy świadomie omija standardowe procedury instytucjonalne, aby wymusić szybki i konkretny rezultat.
Efekt zapadki (ratchet effect)
Zjawisko, w którym nadzwyczajne uprawnienia wprowadzone podczas kryzysu nie zostają cofnięte po jego ustaniu, trwale zwiększając władzę państwa.
Sekurytyzacja
Akt polityczny polegający na zdefiniowaniu problemu jako zagrożenia egzystencjalnego, co ma legitymizować środki wykraczające poza zwykłe prawo.
Mutacja konstytucyjna
Zmiana faktycznego funkcjonowania ustroju i znaczenia kompetencji bez formalnej zmiany tekstu konstytucji, poprzez praktykę polityczną.
Veto players (aktorzy weta)
Podmioty, których zgoda jest niezbędna do zmiany status quo; im więcej takich aktorów, tym system jest stabilniejszy, ale wolniejszy.
Legitymizacja przez rezultat (output legitimacy)
Uznanie władzy za prawomocną nie ze względu na sposób sprawowania (procedury), lecz dzięki skuteczności w rozwiązywaniu problemów obywateli.

Frequently Asked Questions

What is the manual override mechanism and how does it differ from legal emergency procedures in a state?
Manual override is a leader's direct intervention in the system, consisting of bypassing or suspending standard institutional mechanisms to force a result more quickly. It differs from legal emergency procedures in that it does not serve to protect the normal order, but instead becomes an alternative way of ordinary governance.
1. What is the difference between permissible bypassing of procedures in extraordinary situations and the arbitrary exercise of power?
2. Discretion occurs when the law allows a decision-maker to choose one of several acceptable solutions, as no single correct answer exists. Arbitrariness, on the other hand, occurs when a decision is completely detached from controllable criteria.
3. Why is bypassing procedures in the name of efficiency dangerous for system stability?
4. Bypassing procedures removes layers of safeguards that often emerged as responses to past errors and serve to drastically reduce the probability of catastrophe. This increases the risk of political error and facilitates the takeover of the entire system by a single center of power.
5. Why is abandoning procedures in favor of decision-making efficiency risky for the functioning of the state?
6. Abandoning procedures makes the system dependent on the quality of one person's decisions and the reliability of information, which can lead to catastrophic consequences if the leader errs. The lack of control mechanisms and safe channels for criticism limits the actual efficiency of the state and removes tools that allow for the detection and correction of errors.
7. How does a one-time bypassing of procedures in the name of efficiency transform into a permanent system of governance?
8. This process occurs in three phases: from exception, to precedent, and finally to routine. If circumventing procedures brings success at a low political cost, it becomes institutionalized, leading to constitutional mutation—a change in systemic practice without a formal change in the text of the law.
9. How can one distinguish permissible flexibility in state action from the systemic erosion of law, and how is this manifested in the practice of modern autocrats?
10. Permissible flexibility is based on the principle of the reversible exception, where rapid decisions are time-limited and subject to subsequent control. Systemic erosion of law occurs, however, when changes made under emergency modes become irreversible, manifesting in the liquidation of independent institutions, a permanent shift in competencies, and the elimination of oversight.

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